This article first appeared in The Edge Malaysia Weekly on March 30, 2020 - April 5, 2020

WRITTEN submissions by the defence and prosecution have been set for April 21 with replies to the opposing party to be made within two weeks, High Court judge Mohd Nazlan Mohd Ghazali ruled after the conclusion of the defence’s case in the SRC International Sdn Bhd trial of Datuk Seri Najib Razak on March 12.

The judge also fixed May 12, 13 and 18 to hear oral submissions by the parties.

As the sessions fall within the fasting month, the submissions will be heard between 9am and 1pm on those days.

In terms of order, the defence, led by Tan Sri Muhammad Shafee Abdullah, will first submit on why the former prime minister should not be found guilty.

This will be followed by ad hoc prosecutor Datuk V Sithambaram’s reply, after which the defence will conclude its submission.

Nazlan will then fix a date to deliver his verdict — normally, within four to eight weeks. Hence, the verdict is expected to be delivered at the latest by July. Should he find that the defence has successfully created doubt in relation to all seven charges, then he has no choice but to acquit Najib.

But if he finds Najib guilty of some or all of the charges, he will then listen to mitigation from the defence and the reply by the prosecution. He may then mete out the sentence on the same day or fix another day for sentencing.

Normally, after punishment is meted out by the court, the defence will apply for “stay of execution” of the sentence pending appeal.

There are two levels in the appeal process — first to the Court of Appeal and finally to the Federal Court, which is the apex court to decide an appeal.

In cases where the accused is found guilty, bail will be raised pending the appeal.

Similarly, if Najib is acquitted, the prosecution can decide to file an appeal within 14 days of the verdict. If they fail to do so, they will be deemed not to be appealing the acquittal.

An appeal against an acquittal follows the same process in the Court of Appeal and then the Federal Court.

The SRC case, in which Najib is accused of embezzling RM42 million belonging to the company, is the first in a number he faces. Others are the 1Malaysia Development Bhd-Tanore trial (25 charges involving RM2.28 billion), 1MDB audit tampering trial with former 1MDB president Arul Kanda Kandasamy, the International Petroleum Investment Corporation trial (six charges of misappropriation involving RM6.64 billion with former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah) and another SRC money laundering charge involving RM27 million.

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